(Download) "Monroe-Livingston Sanitary Landfill v. Carroll Bickford" by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: Monroe-Livingston Sanitary Landfill v. Carroll Bickford
- Author : Supreme Court of New York
- Release Date : January 29, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
[107 A.D.2d 1062 Page 1062] Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: In this CPLR article 78 proceeding respondent Town Board of the Town of Caledonia appeals and petitioner Monroe-Livingston Sanitary Landfill cross-appeals from an order at Special Term directing a hearing before that court on matters connected with respondent's denial of petitioner's application for a permit to operate a landfill under a town ordinance. We reject respondent's argument that it was error to direct the hearing. The issue of fact to be tried at the hearing shall be limited to whether there was a rational basis for respondent's determination to deny petitioner's application on the basis of the provision in the ordinance that [sanitary] landfill sites are prohibited in a major groundwater recharge area when their locations can be identified by reliable engineering investigations, or where it can be shown that public or private water supplies would be jeopardized by pollution. [Any] competent and relevant proof petitioner may have, bearing on the triable issue here presented and showing that any of the underlying material on which the [respondent] based its determination has no basis in fact, would be admissible (Matter of Mandle v Brown, 5 N.Y.2d 51, 65). The hearing is not, however, to be a trial de novo and when the whole case comes to be decided upon the new testimony and the old, the court * * * is not to put itself in the position of the Board, [and] is not to substitute its own discretion for that of the [Board]' * * * Even where additional proof is taken the ultimate issue to be decided is still whether the action of the Board was arbitrary or capricious (Thayer v Baybutt, 29 A.D.2d 486, 488, affd 24 N.Y.2d 1018).
 "Monroe-Livingston Sanitary Landfill v. Carroll Bickford" by Supreme Court of New York * Book PDF Kindle ePub Free){kind=link}